1. Applicant's Name: a. Application Date: 3 April 2017 b. Date Received: 7 April 2007 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to general (under honorable conditions) and a change to the reentry (RE) eligibility code. The applicant seeks relief contending, in effect, he believes that a RE code of 4 was extreme for his discharge. He had served and was discharged honorably from the Marine Corp with combat deployments to Afghanistan as an infantry rifleman. He knows his discharge was warranted according to the Army. He requests a review of his discharge so that he may have the opportunity to reenlist and keep serving his country. He understands the circumstances of his discharge and the reasoning behind it, but he is requesting the review because his judgement at the time of discharge, was not the greatest and was only temporary. Currently, he serves his community as a firefighter and he has taken the necessary step of corrective action to ensure that he would not be a problem for the military. In a records review conducted at Arlington, VA on 17 August 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry eligibility (RE) code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-4 / Uncharacterized b. Date of Discharge: 1 October 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 September 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On 8 August 2015, he was apprehended by the Military Police for Driving under the Influence (DUI), he failed the Field Sobriety Test and was administered a breathalyzer with a result of .115 grams per 210 liters breath alcohol content, consuming alcohol while in a Trainee status is a direct violation of the Battalion Commander's policy, and, his conduct was not in good keeping with the highest standards of the Army and therefore warranted separation. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 22 September 2015, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 September 2015 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 June 2015 / 5 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 4 years, 12 days d. Prior Service / Characterizations: USMC, 7 June 2010 - 10 March 2014 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (12 June 2011 - 4 January 2012) f. Awards and Decorations: ACM-CS, USMCGCM, NDSM, GWOTEM, GWOTSM, USMC OSR-2, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Law Enforcement Report - 3RD Corrected Final, dated 8 August 2015, reflects the applicant was apprehended for Driving Under the Influence - without personal injury and Failure to Obey Traffic Control Device (Stop sign). Report of Mental Status Evaluation, dated 14 August 2015, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. General Officer Memorandum Of Reprimand, dated 26 August 2015, reflects that on 8 August 2015, a Fort Benning Military Police Officer apprehended the applicant for operating a motor vehicle while under the influence of alcohol. The officer initiated a traffic stop because he failed to stop at a stop sign. He noticed the applicant smelled of alcohol. He admitted drinking before driving. The officer administered standardized field sobriety tests, which he failed. A breathalyzer test resulted in a reading of 0.115 grams per 210 liters breath alcohol content, exceeding the legal limit of .08g/210L. The applicant was charged with driving under the influence. In accordance with Army Regulation 27-10, paragraph 3-3b, and Army Regulation 190-5, paragraph 2-7a(3), he was reprimanded for his lack of judgment. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 (x3); DD Form 293; Certificate; Award certificate; and, a self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he serves his community as a firefighter. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general (under honorable conditions) or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to general (under honorable conditions) and a reentry (RE) code change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant desires to rejoin the service. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). Soldiers processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character The applicant contends that he had good service which included a combat tour when he was in the Marine Corp. The applicant's service accomplishments and the quality of his service prior to his service in the Army was carefully considered. The applicant is to be commended for his accomplishments. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 17 August 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry eligibility (RE) code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change / RE-3 Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20170006729 1